Terms of Use for CareWise / The Care Hack, Inc.

Last Updated: December 19, 2024

Welcome to CareWise, the app and web site developed and owned by The Care Hack, Inc.. These Terms of Use ("Terms") govern your access to and use of the CareWise app, which provides information, a community forum, and a coaching service for family caregivers ("Services"). By accessing or using the app, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the app.

1. Acceptance of Terms

By downloading, installing, or using CareWise (the "App"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference into these Terms. These Terms apply to all users of the App, including those who post in the community forum, chat with a coach, and access information.

2. Eligibility and Account Registration

To use the App, you must be at least 18 years old and capable of entering into a binding contract. When registering for an account, you agree to provide accurate and complete information and to update your information as necessary. You are responsible for maintaining the confidentiality of your account information, including your login credentials.

3. Use of the App

You are permitted to use the App to:

  • Access health and wellness information relevant to family caregiving.

  • Participate in the community forum and interact with other caregivers.

  • Chat with a coach for personalized support and guidance related to caregiving.

You agree not to use the App for the following purposes:

  • Marketing Products: You may not use the App to market, sell, or promote any products, services, or goods, whether for commercial purposes or otherwise. This includes but is not limited to any direct or indirect promotion of third-party products in the community forum, coaching chats, or any other part of the App.

  • Transferring Profiles or Data: You may not transfer, sell, or otherwise share your user profile or any data collected through the App outside of the App without prior written consent from The Care Hack, Inc. All user data and profiles are considered proprietary and remain the property of The Care Hack, Inc.

  • Illegal or Harmful Behavior: You agree not to engage in any activity that could damage, disable, overburden, or impair the operation of the App or interfere with other users' ability to access or use the App.

4. Community Forum and Coaching

  • Community Forum: By participating in the community forum, you agree to respect the privacy and dignity of other users. You will not post offensive, inappropriate, or illegal content. You are solely responsible for any content you post in the forum and agree to indemnify The Care Hack, Inc. for any liability arising from your posts.

  • Coaching Services: Coaching interactions are intended to provide personalized guidance for family caregivers. While coaches can provide support and advice, all decisions regarding caregiving and health-related actions are your responsibility.

5. User Responsibilities

As a user of the App, you agree to:

  • Maintain the confidentiality of your account and password.

  • Use the App solely for personal, non-commercial purposes related to caregiving.

  • Comply with all applicable local, state, and federal laws while using the App.

6. Fees and Payments

Access to certain features of the App may require a subscription or payment of fees. The Care Hack, Inc. will provide you with details of any applicable fees during the registration process or at the time of use. By using the App, you agree to pay all applicable fees for the Services you access, as outlined at the time of purchase.

Refunds and Cancellations: All payments are non-refundable except as required by law. If you have questions about fees or refunds, please contact us at [contact email].

7. Dispute Resolution

In the event of a dispute between you and The Care Hack, Inc., you agree to the following resolution process:

  1. Negotiation: You agree to first attempt to resolve any dispute through good faith negotiation with The Care Hack, Inc. If the dispute cannot be resolved through negotiation within 30 days, you may proceed to arbitration as outlined below.

  2. Arbitration: Any dispute that cannot be resolved through negotiation will be resolved by binding arbitration under the rules of the [American Arbitration Association (AAA)] or a similar arbitration body. The arbitration will take place in [City, State], and the arbitration proceedings will be conducted in English.

    • Arbitration Limits: The maximum amount of damages recoverable through arbitration is limited to an amount equal to six months of the fees you paid to access the App's Services.

    • Class Action Waiver: You agree that you will not participate in any class, collective, or representative action against The Care Hack, Inc. related to this agreement. Any claim you have against The Care Hack, Inc. must be brought individually and not as part of a class action.

8. Termination and Suspension

The Care Hack, Inc. reserves the right to suspend or terminate your access to the App, without notice, if you violate any of these Terms or engage in conduct that we believe is harmful to other users or the operation of the App.

9. Disclaimer of Warranties

The App and its content are provided "as is" and without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Care Hack, Inc. does not guarantee the accuracy, reliability, or completeness of the App's content, and you use the App at your own risk.

10. Limitation of Liability

To the fullest extent permitted by law, The Care Hack, Inc. will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use or inability to use the App, even if we have been advised of the possibility of such damages. Our total liability to you for any claims related to the App will not exceed the amount you paid for access to the App in the six months preceding the claim.

11. Changes to the Terms

The Care Hack, Inc. may update or modify these Terms at any time. We will notify users of any significant changes by posting the revised Terms in the app or via email. Continued use of the App after such changes constitutes your acceptance of the updated Terms.

12. Governing Law

These Terms will be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of law principles.

13. Contact Information

If you have any questions about these Terms, please contact us at:

  • Email: hello@thecarehack.com

  • Phone: +1 (917) 727-5042

  • Address: 430 West 34th Street, New York, NY 10001, United States

By using the App, you agree to these Terms of Use.

These Terms of Use for CareWise / The Care Hack, Inc. provide clear guidelines for users and ensure compliance with relevant legal requirements. It includes provisions for user rights, limitations on usage, fees, dispute resolution, and liability, which are crucial for protecting both the company and users.